COVID-19 Public Health Response (Protection Framework) Amendment Order (No 9) 2022

Order

1 Title

This order is the COVID-19 Public Health Response (Protection Framework) Amendment Order (No 9) 2022.

2 Commencement

This order comes into force at 11.59 pm on 30 May 2022.

4 Clause 11 amended (Meaning of face covering rule and medical-grade face covering rule)

(1)

After clause 11(3)(k), insert:

(l)

if the person has an exemption pass issued to them under clause 106A.

(2)

After clause 11(3), insert:

(4)

To avoid doubt, a person does not need an exemption pass to rely on subclause (3)(a)(ii).

5 Clause 23 amended (Person must comply with face covering rule in specified premises or circumstances)

In clause 23(2)(a), replace “all persons other than entertainers they are performing with” with “the audience”.

6 Clause 23A amended (Certain workers must comply with medical-grade face covering rule)

In clause 23A(2)(a), replace “all persons other than entertainers they are performing with” with “the audience”.

7 New subpart 3 of Part 4 inserted

After clause 106, insert:

Subpart 3—Exemption passes for face covering rules

106A Exemption passes for face covering rules

(1)

An exemption pass exempts a person from the face covering rule and medical-grade face covering rule.

(2)

The Director-General must issue an exemption pass to a person who applies for one in accordance with this clause.

(3)

The Director-General may determine the form of the application for an exemption pass.

(4)

A person’s application must include—

(a)

a declaration by the person that they have a physical or mental illness or condition or disability that makes wearing a face covering unsuitable; and

(b)

the following information about the person:

(i)

name and address; and

(ii)

date of birth; and

(iii)

National Health Index number (if known); and

(iv)

contact details (for example, their email address).

(5)

However, if a person’s representative applies on their behalf,—

(a)

the representative may make the declaration about the person that is required by subclause (4)(a); and

(b)

the Director-General may require the representative to provide about themselves the details that are specified in subclause (4)(b).

(6)

The Director-General must not require any person to provide—

(a)

evidence, grounds, or further information as to the nature of a person’s physical or mental illness or condition or disability; or

(b)

any additional personal information.

(7)

When applying for an exemption pass, a person must not provide or produce any information that they know is false or misleading in any material particular.

106B Form and content of exemption pass

(1)

An exemption pass may be issued in any form that the Director-General decides.

(2)

An exemption pass—

(a)

must show the person’s name; and

(b)

must not show any other personal information.

106C Misuse of exemption passes

A person (person A) must not—

(a)

produce or pass off an exemption pass as relating to person A when it relates to another person; or

(b)

produce or pass off an exemption pass that is forged, is altered, or has been obtained fraudulently; or

(c)

facilitate the use by another person of an exemption pass relating to person A.

Dated at Wellington this 27th day of May 2022.

Hon Chris Hipkins,
Minister for COVID-19 Response.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order amends the COVID-19 Public Health Response (Protection Framework) Order 2021 (the principal order). It comes into force at 11.59 pm on 30 May 2022.

Exemption pass

This order creates the legal framework for a person with a physical or mental illness or condition or disability that makes wearing a face covering unsuitable to apply for an exemption pass to be issued by the Director-General. A person who has an exemption pass is not required to wear a face covering or medical-grade face covering under the principal order.

Clarification amendment

This order also clarifies that the 2-metre distancing rule applies between entertainers and their audience.

Approval by resolution required

This order must be approved by resolution of the House of Representatives before the expiry of the period described in section 16(2) of the COVID-19 Public Health Response Act 2020. If this does not happen, the order is revoked on the expiry of that period.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 27 May 2022.

This order is administered by the Ministry of Health.